rai_say (rai_say) wrote in artists_beware,
rai_say
rai_say
artists_beware

ADVICE: TOS ISSUES

I need some advice as I've run into a bit of a pickle.

I've been in a bit of a financial emergency (this isn't overly relevant, just kind of the set up as to the "why") and so I've been selling old characters/adopts that I purchased.

Now, I don't have a lot of watchers. I've gotten very little traffic, so anything I could sell, I have been- and in most instances, the original artists have their TOS posted where I can easily find it and double-check if it's okay for the character/adopt to be resold.

The issue I'm having (and that I need advice on) is this- I recently sold an adopt by an artist who does not have their TOS (for adopts or even regular commissions) posted anywhere. I checked both their DA and their FA account, and it's nowhere to be found. They were/are on hiatus, and only NOW have just contacted me and said it's against their TOS to resell adopts.



While I understand that a TOS is not technically a legally binding document/agreement, I still try my best to adhere to them- but is it really fair for an artist to do this? I bought the character a good six months ago (I'm sorry, but it's unreasonable to expect me to remember what a single artist's TOS from half a year ago was) and I sold it because of an emergency... and now they (the artist) wants me to pay the other person back (which I can't, as I have no money) and on top of that, the artist plans on taking the adopt back.

I don't think it's right for them to do this (not have their TOS posted as well as not being able to contact them) and then, on top of it, expect me to refund the person I sold the adopt to AND for the artist to reclaim it.

If they had their TOS posted somewhere obvious and easily accessible, I would understand this (and honestly, I wouldn't have been in this pickle in the first place) but with it not posted anywhere and me not able to contact them and get a response in adequate time...


As I said, the money was needed for an emergency. The money is gone now, and I have no idea when I'd even be able to pay the person (who bought the adopt) back. It could be as little as a couple of weeks (which would be reasonable) but it could be up to a couple of months due to our financial status (again, I'm not going to get into that as the details of my situation aren't super necessary).



What do I do?
Tags: advice for commissioners
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